Legal Question in Credit and Debt Law in California

A year ago, I lent my boyfriend money $5500 (in California), for his rent and loans. We have since broken up and now he won't pay me back. The loan was verbal with no written evidence of it. I do not have any proof that I gave him the loan other than the fact that I never withdraw such large amounts from the bank (if at all). I gave him (2) large amounts of cash on (2) separate days (within days of each other). My only proof that I gave him a loan is the checks he gave me when he was starting to pay me back, on them it says "loan repay". I have nothing that proves that I lent him the money. There was no written repayment plan, only that he was to pay me back and interest was never discussed. It was very clear that he was to pay me back and was talked about.

How do I prove that I lent him money? The repayment checks or cash withdrawn???? Or??? And how do I prove the amount that was lent?

I have to go to small claims court and I want to make sure because I cannot afford to waste time on this but the amount is large.

Thank you for any help that can be provided.


Asked on 11/14/11, 9:46 pm

3 Answers from Attorneys
Michael Stone Law Offices of Michael B. Stone Toll Free 1-855-USE-MIKE

You have nothing to lose by going to small claims court, and the notation "loan repay" on the check will be admissible in evidence. Your problem might be proving the amount and date of the original loan. Maybe he will settle with you if you sue him. Watch out for legal time limits (two years on oral contracts). In the future, Don't Do Stuff Verbally.

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Answered on 11/14/11, 10:00 pm
Tony Carballo Carballo Law Offices

You might win at small claims court based on your testimony and the checks he gave you which support your testimony, but that is the first step. Collecting may be much more difficult although you will have many years to collect and will be enttitled to interest. Never lend money to friends, including boyfriends/girlfriends, because you end up losing the friend and the money. I've lost long-time friends over as little as $500. If you do lend money to friends or family that you can afford to lose then consider it a gift and be pleasantly surprised if you ever get any of it back. Good luck with your case.

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Answered on 11/14/11, 10:32 pm


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